Category Archives: Law

July 19, 2015 · 1:00 am

Hansel and Gretel

WARNING:  Graphic Images

  • Jack Garcia, a 9 year old Maryland boy, was hand-cuffed and beaten mercilessly by his mother’s boyfriend for eating a slice of birthday cake without permission [1]. Robert Wilson then refused to allow the child medical attention for over four hours. A neighbor called 911, but Jack’s mother turned EMS workers away. By the time they returned, Jack had stopped breathing. Somehow the boy clung to life for almost 5 more days in the hospital, before dying of his injuries. It is expected that Wilson’s charges will be upgraded from assault and child abuse.
  • South Carolina parents, James and Crystal Driggers, have been arrested for forcing their 14 year old daughter to live alone in a tent in the woods, as punishment for eating a pop-tart without permission [2]. The girl was allowed nothing more than a roll of toilet paper, a flashlight, a whistle, and a watch in an area known for wild hogs. As food, the girl was given a can of spaghetti-o’s. She was not to return home for a week. Rescued by her grandmother during a severe thunderstorm, the girl was sent back to the tent by her parents. Investigation revealed she had been regularly turned out of their home for 10 hours at a time over the past month, denied water and the use of bathroom facilities during a period of 100 degree heat. The girl was taken to Social Services. Five other children were removed to their grandmother’s custody. The Driggers have been charged with unlawful neglect of a child. More charges are possible.

The punishment inflicted on these children for the most minor and understandable infractions exceeded all bounds of human decency. We search in vain for explanations for such degeneracy.

Few would treat a dog the way these helpless children were treated. And over a question of permission…as if that made the hell to which the children were subjected excusable.

Children are entitled to have their basic needs met – physical, emotional, and psychological.

Imagine how desperately this forsaken boy and girl longed for something good to eat, anything at all to eat. I cannot help but think of Hansel and Gretel, victimized by the witch. Though the children in that fairytale were hungry, too, at least their tormentor was not a family member.

How much more did these flesh and blood children long to hear a kind word, do you think?

“Parents, do not embitter your children, or they will become discouraged [disheartened and dispirited; their spirits…broke through grief and trouble…or despairing of having any share in the affections of their parents…]” (Col. 3:21 NIV, with commentary from Gill’s Exposition).

Parenthood is a privilege and a blessing, whether it is recognized as that or not. Tenderness is – or should be – a prerequisite. If government intervention were not such a blunt instrument, an argument could almost be made in favor of licensing. At least in theory then permission could be denied the unfit.
—
[1] Daily News, “Maryland Boy Brutally Beaten for Eating Birthday Cake Dies in Hospital: Officials” by Boyle Murphy, 7/6/15, http://www.nydailynews.com/news/national/maryland-boy-brutally-beaten-eating-birthday-cake-dies-article-1.2283115.

[2] NBC News, “Parents Forced Daughter to Live in Woods After Eating Unauthorized Pop-Tart: Police” by Kathryn Robinson, 7/6/15, http://www.nbcnews.com/news/us-news/parents-force-daughter-live-woods-after-eating-pop-tart-n387591.

FOR MORE OF MY ARTICLES ON POVERTY, POLITICS, AND MATTERS OF CONSCIENCE CHECK OUT MY BLOG A LAWYER’S PRAYERS AT: http://www.alawyersprayers.com

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May 31, 2015 · 1:00 am

Darkness

Pedophiles have found a way to communicate, exchange child pornography, and offer children for sexual activity in relative freedom [1]. To do this they utilize something known as the “darknet”.

The darknet is a private computer network accessible only by browsers which mask the identity of the user with encryption software. The darknet is a part of the Deep Web which, in turn, is a part of the World Wide Web we all know.

Not indexed by standard search engines like Google, the Deep Web was originally intended for military use [2]. It is still partially funded by the US government, with the purpose of facilitating free speech by political dissidents in China and elsewhere.

Unfortunately, authorities suspect the Deep Web has become a haven for criminality. Comprised of billions of websites (some merely massive databases), it is growing exponentially in size. The darknet is a case in point. Continue reading →

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April 19, 2015 · 1:00 am

Rage

WARNING:  Graphic Images

News of the deliberate crash of a German airliner a few weeks ago [1] eclipsed the story of a 19 y.o. who fatally stabbed his mother and critically injured his grandmother, in the Philadelphia home the three shared [2].

The term “home” can be applied only loosely to the situation Zachary Pritchett endured. The house had no running water and few contents. Human feces covered the floor of the room to which Zachary was evidently confined. His screams, neighbors say, could be heard every night.

Whatever else went on, neighbors were aware that – year in and year out – the young man was never allowed out of the house, and never schooled. Police and the Dept. of Human Services (child protective services) were notified, again and again.  Though police responded to the house at least a dozen times in the last year alone, no action appears to have been taken.

The night before the stabbings Zachary was overheard pleading, “Please, leave me alone. Don’t do this. Let go.”

Everyone of us has a breaking point. Zachary’s rage at a lifetime of abuse and neglect finally boiled over. He is now at the tender mercies of the justice system. All things considered, it has to be an improvement.
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[1] CNN, “Germanwings Co-Pilot Andreas Lubitz Declared ‘Unfit to Work’ Officials Say” by Faith Karimi, Michael Pearson, and Laura Smith-Spark, 3/27/15, http://www.cnn.com/2015/03/27/europe/france-germanwings-plane-crash-main/ .

[2] 6 ABC Action News/Philadelphia, “Neighbors Say Trouble in Home Preceded Fatal Double Stabbing in Bridesburg” by Chad Pradelli, 3/27/15, http://6abc.com/news/feces-no-running-water-in-home-where-fatal-double-stabbing-occurred/575533/.

FOR MORE OF MY ARTICLES ON POVERTY, POLITICS, AND MATTERS OF CONSCIENCE CHECK OUT MY BLOG A LAWYER’S PRAYERS AT: http://www.alawyersprayers.com

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April 12, 2015 · 1:00 am

Unbiblical, Part 6 – Forgiveness v. Victims’ Rights

“ ‘And forgive us our sins, For we also forgive everyone who is indebted to us’ ” (Luke 11: 4).

As I have said elsewhere on this website, forgiveness is a personal matter between abuse victims and their God. Urging forgiveness on victims prematurely ignores the gravity of their trauma, and the depravity of the sins committed against them.

This amounts to a further violation. Victims will necessarily feel that Christians are siding with the predator…even condoning the abuse. Shockingly, in some cases Christians have been guilty of this.

Witness the Catholic Church sex scandal. This was, at best, a product of poor judgment, and a distorted view of Scripture. At worst, it was a cold and calculated attempt to avoid corporate responsibility, while facilitating the most heinous of crimes.

Either way, church hierarchy applied precisely the same rationale to young abuse victims, as the high priest, Caiaphas, did to Christ:  “ ‘…[I]t is expedient for us that one man should die for the people, and not that the whole nation should perish’ ” (John 11: 50).

To be clear, forgiveness is not a “warm and cozy” feeling, on the part of victims. It is a deliberate decision by victims to leave the harm inflicted on them behind, and instead move on with their lives. Continue reading →

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February 1, 2015 · 1:00 am

Conned

A New Jersey nurse conned by the man she had hoped to marry has turned her attention to changing the state rape law [1]. Mischele Lewis wants scammers such as the one who victimized her treated as sex offenders.

Lewis met William Allen Jordan through an online dating service. He gave her a false name, false employment history, and false marital history. Only after the two had become engaged, and Mischele was pregnant, did she discover Jordan’s true identity and background.

As it turned out, William Allen Jordan had a bevy of ex-wives and fiancees, along with 13 children by 6 different women. One of Jordan’s British victims had gone so far as to write a book about him. Worse yet, Jordan had been convicted of child molestation, and had served time in prison for bigamy and fraud before becoming involved with Mischele.

On her own initiative, Mischele Lewis devised a sting operation that resulted in Jordan’s arrest. She compiled bank statements, emails, and photos; and secretly recorded conversations with Jordan. He subsequently pleaded guilty, and is facing a three year sentence.

Lewis does not believe this is adequate.

Since her consent to the relationship with Jordan was obtained under false pretenses, Mischele Lewis argues that Jordan’s scam amounted to sexual assault by deception. The New Jersey courts do not currently approve this theory of liability, which is why Lewis has been lobbying the legislature for a change in the law. Assemblyman Troy Singleton has now drafted the necessary bill.

Opponents of the proposed change contend that the new law could be so broadly interpreted as to turn common seduction ploys into potential felonies. It may be reprehensible for traveling salesmen to pretend they are single (when that is not the case) or for suitors to portray themselves as wealthier than their bank accounts might reflect. The question is: Should this behavior be criminalized?

Mischele Lewis maintains that women deserve protection against con men who take sexual advantage of them, as well as financial.

Something to watch.
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[1] NBC News, “ ‘I Wanted Justice’: Con Victim Turns Focus to Changing Rape Law” by Jon Schuppe, 1/24/15, http://www.nbcnews.com/news/us-news/i-wanted-justice-con-victim-turns-focus-changing-rape-law-n291661.

FOR MORE OF MY ARTICLES ON POVERTY, POLITICS, AND MATTERS OF CONSCIENCE CHECK OUT MY BLOG A LAWYER’S PRAYERS AT: http://www.alawyersprayers.com

 

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January 11, 2015 · 1:00 am

No Longer Helpless

  • In Georgia, a 13 y.o. boy missing for four years has been reunited with his mother. The boy had been held captive in a false “wall” by his father and stepmother. The pair have been charged with obstruction of justice, false imprisonment, and cruelty to children [1].
  • An even more sinister masquerade played out in Texas. There 17 y.o. Ricardo Javid Lubo enrolled in the sixth grade, apparently to recruit potential victims for purposes of child pornography [2]. The blood runs cold at the thought.

The Humane Society advocates against cruelty to animals.  Gandhi said, “The greatness of a nation can be judged by the way its animals are treated.” Both Islam and Judaism emphasize the proper treatment of animals.

While I do not necessarily disagree, I would contend that the essential measure of a nation lies in how that nation treats its children.

The well-being of children is wholly dependent on the quality of care the adults around them provide. Those cruel toward animals are likely to be cruel toward human beings, as well. Like animals, children are helpless to defend themselves – their only response a muffled cry in the hall.

Children can be harmed with little effort.  They can be slapped, scalded, sexually assaulted, struck, and shaken to death.  Children can be starved for love and attention, as well as for bread.  Their souls may be withered by a word or glance; permanently scarred by a single unwanted touch.

We, however, are no longer children. While we may once have been abused, we now have the strength to reclaim our lives. And we have the power to oppose child abuse, wherever we may encounter it.

The congressman who paws interns, the priest who sodomizes altar boys, the teacher who seduces students, and the boyfriend who uses his partner’s children as a punching bag are now on notice.

Their behavior is under scrutiny. Their secret will out. There will be consequences.

That cry in the hall will no longer go unnoticed. We are no longer helpless. We are no longer alone.  And we will no longer be silenced.

—
[1] NBC News, Crime & Courts, “Boy Missing for 4 Years Found in ‘False Wall’ in Georgia Home: Police” by Elisha Fieldstadt, 11/29/14, http://www.nbcnews.com/news/crime-courts/boy-missing-four-years-found-false-wall-georgia-home-police-n258121.

[2] NBCDFW.com, “Child Porn Suspect Enrolled as a Sixth Grader” by Bianca Castro and Johnny Archer, 11/21/14, http://www.nbcdfw.com/news/local/Two-Men-Arrested-for-Child-Pornography-283391581.html?partner=xfinity1.

FOR MORE OF MY ARTICLES ON POVERTY, POLITICS, AND MATTERS OF CONSCIENCE CHECK OUT MY BLOG A LAWYER’S PRAYERS AT: http://www.alawyersprayers.com

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January 4, 2015 · 1:00 am

The Dysfunctional Lawyer, Part 2

“A Bailiff and An Attorney – A Match for the Devil” (1760), Source Library of Congress, British Cartoon Prints Collection (Digital ID cph. 3c05267)

“The first thing we do, let’s kill all the lawyers.”

–  Dick the Butcher, from Shakespeare’s Henry VI

Despite the large number of lawyer jokes, most lawyers are not dysfunctional human beings.

We articulate and guard the rights of our clients in a non-violent arena, i.e. the courtroom, in which confrontation takes the place of combat.

And we are ethically bound to put the client’s interests before our own. That requires us, among other things, to decline (or withdraw from) cases where some mental or physical condition on our part would materially impair our ability to represent the client.

The Dysfunctional Lawyer

Regrettably, the legal profession is not free of dysfunctional individuals. Abuse victims may be especially vulnerable to such individuals, and should be on the lookout for these characteristics.

A. The Large Ego

Deservedly or not, lawyers are regularly praised by those who want something from them. That stroking can produce an enlarged ego. But a sense of self-importance is not an indication of real ability on a lawyer’s part.

The lawyer with a large ego may be entirely competent. However, s/he is likely to be difficult for clients to deal with (reinforcing the supplicant role abuse victims are seeking to escape).

Large egos are, also, fragile. They must be propped up. Alcohol and drug abuse are not unknown among lawyers. These obviously interfere with judgment. The state bar will know whether a lawyer’s license has ever been suspended or revoked.

B. Entitlement

A large ego can lead to a sense of entitlement. More than a character flaw, the sense of entitlement may cause a lawyer to rationalize the misuse of client funds to support a lavish lifestyle.

Alternatively, a sense of entitlement can be used to “justify” the initiation of a sexual relationship with an emotionally fragile client. Continue reading →

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December 28, 2014 · 1:00 am

The Dysfunctional Lawyer, Part 1

“The Cry of Justice” by Frank Varley
Auckland Punch Magazine (1868)

“‘Let us choose justice for ourselves…'” (Job 34: 4).

It takes great courage to flee an abusive relationship, and confront an abuser.

While criminal matters are generally handled through the District Attorney’s Office on the state level and the US Attorney’s Office on the federal level, abuse victims seeking divorce or money damages for their pain and suffering will need to pursue civil litigation.

Civil lawyers can be found who specialize in victims’ rights following rape, child abuse, domestic abuse, elder abuse, clergy abuse, and sexual harassment.

A good lawyer can help restore the abuse victim’s life. A dysfunctional lawyer (or a dysfunctional relationship with an otherwise good lawyer) can delay the process, undermining an abuse victim’s already tenuous confidence.

Abuse Victims as Clients

Abuse victims deserve a dedicated advocate: someone whose honesty is above reproach, who will be diligent in pursuing their case, who will communicate on all critical matters, and whose legal judgment can be relied upon as sound.

Fortunately, there are many lawyers meeting these criteria.

A. Cost

Cost is likely to be the first criteria abuse victims consider, in choosing a lawyer.

Personal injury litigation is usually taken on a contingency basis, for a percentage of the ultimate recovery. What that percentage can be differs somewhat from state to state. Thirty percent for the lawyer is typical.

The legal fees in other types of cases, for example divorce or bankruptcy, are usually calculated on an hourly basis. This can be a challenge for abuse victims, who may not have much in the way of funds.

Legal aid is available across the country, but the types of civil cases covered will vary. Abuse victims should check with their local offices.

Victims organizations like WomensLaw.org and RAINN (Rape, Abuse, & Incest National Network) can be a good source of information. Most bar associations will, also, have referral services with lists of lawyers in various specialties. Often an initial consultation will be free or at a reduced rate.

B. Credentials

Thousands upon thousands of lawyers advertise, online and elsewhere. Whatever claims may be made in ads, victims should remember that lawyers are not superhuman, and that a verdict awarding money damages in their favor (particularly a large amount) is not guaranteed.

Since a lawyer can be instrumental in improving a client’s circumstances, the lawyer’s credentials should be carefully scrutinized, in the same way one might review the credentials of a physician.

Abuse victims will find lawyer ratings available online, but should not rely exclusively on these. Many fine lawyers are never rated. The recommendation of a friend can be as valuable.

C. Questions

For their own well-being, abuse victims should speak up. Continue reading →

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December 7, 2014 · 1:00 am

One In Every Five

  • Six young men, ages 16 to 18, were recently accused of the gang rape of a fellow high school student in Florida [1]. The sexual assault occurred after school. The underage victim was convinced to accompany her assailants into a wooded area. When the intentions of the group became clear, the victim attempted to leave, but was prevented. Some are publicly defending the assailants on Twitter.

There is a rape every 6.2 minutes in the United States; one in five women in this country is likely to be raped in her lifetime [2][3]. Because rape is under-reported, the figures may be higher. Eighty three year old women have been raped, as have four year olds.

The United States does not separately collect data on gang rapes. It is estimated, however, that 25% of all rapes are gang rapes [4]. These are almost always premeditated [6][7].

A 2013 report on rape and gang rape in the medical journal, The Lancet Global Health, listed entertainment, sexual entitlement, and punishment of the victim among the motives given [5]. Associated factors often include alcohol, poverty, “proof” of heterosexual prowess, a need for dominance over women, gang-related activity, and a history of child abuse. Continue reading →

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November 23, 2014 · 1:00 am

Cubs

ISIS is recruiting and training child soldiers it proudly calls “Cubs of the Islamic State” [1].

The recruitment and use of children as soldiers is a war crime, though not without precedent. Children – often forcibly conscripted – have acted as soldiers in India, Chad, the Democratic Republic of the Congo, Uganda, Sierra Leone, Thailand, and Myanmar [2].

In Sierra Leone, boys between the ages of 7 and 14 served in the Small Boys Unit. Some 10,000 are thought to have taken part, in that nation’s civil war from 1991-2002 [3]. These children were involved in rape, mutilation, sexual slavery, murder, and other forms of human rights abuses.

Over 30,000 children have taken part in the decades long conflict in Uganda, a substantial number of these actually abducted [4]. Young girls are subject to sexual violence, or required to serve as “wives” of the rebels and have their children.

And now ISIS.

Boys are taught how to use AK-47s and mercilessly behead captives. An Iraqi security official was quoted by NBC News as saying, “They use dolls to teach them how to behead people, then they make them watch a beheading, and sometimes they force them to carry the heads in order to cast the fear away from their hearts.”

Some children are used by ISIS as suicide bombers; others, as human shields. They are, also, indoctrinated in Shariah law. “It’s being done for the same reasons that Hitler had the Hitler Youth,” stated Charlie Winter of the Quilliam Foundation.

Brainwashing these children is a long-term strategy to assure ISIS’ continued existence. “They have to get used to hearing the sounds of explosions and machine guns and missiles and artillery and aircraft,” Abu Dujana explained. “They should get used to seeing blood,” the ISIS fighter said.

Americans can expect to see more blood, as well.

—
[1] NBC News, “ISIS Trains Child Soldiers at Camps for ‘Cubs of the Islamic State’ ” by Cassandra Vinograd, Ghazi Balkiz and Ammar Cheikh Omar, 11/7/14, http://www.nbcnews.com/storyline/isis-terror/isis-trains-child-soldiers-camps-cubs-islamic-state-n241821.

[2] Child Soldiers International, http://www.child-soldiers.org/.

[3] Human Rights Watch, “Sierra Leone Rebels Forcefully Recruit Child Soldiers”, 6/1/00, http://www.hrw.org/news/2000/05/31/sierra-leone-rebels-forcefully-recruit-child-soldiers.

[4] UN.org, Ten Stories the World Should Hear More About, “Uganda: Child Soldiers at Centre of Mounting Humanitarian Crisis”, http://www.un.org/events/tenstories/06/story.asp?storyID=100.

 FOR MORE OF MY ARTICLES ON POVERTY, POLITICS, AND MATTERS OF CONSCIENCE CHECK OUT MY BLOG A LAWYER’S PRAYERS AT: http://www.alawyersprayers.com

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